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STOP SEXUAL HARASSMENT Interactive Training for Employees

TRAINER’S GUIDE


Publisher’s Note The DVD, the TrainingToday online course, the Trainer’s Guide, and other portions of Stop Sexual Harassment do not attempt to offer solutions to individual problems or to provide legal advice but are intended to provide general information about certain aspects of sexual harassment law. Any questions about individual problems should be directed to the attorney of your choice. Sexual harassment laws and legal guidelines can change quite rapidly because of action taken by federal and state courts and government agencies. When these changes occur, some of the commentary in the DVD and the online course may become out-of-date. Since sudden changes in this area of the law make it impossible to keep this guide completely current, it is important for all employers to be continually alert to these changes and seek legal advice concerning specific questions and individual problems. Purchasers of Stop Sexual Harassment have permission to photocopy the handouts and tests in this Trainer’s Guide and to print out the documents on the CD-ROM disk to distribute to trainees. Other reproduction is prohibited without prior permission from M. Lee Smith Publishers LLC. Copying of the DVD and CD-ROM is prohibited. Your customer service representative will be happy to work with you if you need additional copies of Stop Sexual Harassment or want to put it on your organization’s intranet.

Copyright 2009 M. Lee Smith Publishers LLC 5201 Virginia Way P.O. Box 5094 Brentwood, TN 37024-5094 (800) 274-6774 custserv@mleesmith.com www.HRhero.com ii


Table of Contents How to Use This Guide .............................................................. 1 How to Play the DVD................................................................. 3 Sexual Harassment Introduction ............................................................................... 5 Learning Objectives ................................................................... 6 Icebreaker ................................................................................... 7 Discussion Questions ................................................................. 8 Overview of Sexual Harassment Law....................................... 10 Background of Sexual Harassment Law .............................. 10 What Is Sexual Harassment? ............................................... 12 Other Types of Sexual Harassment ..................................... 14 Liability Standards for Sexual Harassment ......................... 18 Preventing Sexual Harassment (and Subsequent Liability)... 21 Dealing with Sexual Harassment Claims ............................ 29 After the Final Decision: Remedies for Sexual Harassment ... 30 Conclusion .......................................................................... 32 Notes......................................................................................... 33 About the Attorneys................................................................. 34 Handouts Employee Quiz (in English) ..................................................... 39 Answer Key for Employee Quiz (in English) ........................... 43 Employee’s Road Map to Sexual Harassment (in English) ...... 47 Form: Acknowledgment of Training Session (in English)....... 49 Form: Evaluation of Training Session (in English) .................. 51 Employee Quiz (in Spanish) .................................................... 53 Answer Key for Employee Quiz (in Spanish)........................... 57 Employee’s Road Map to Sexual Harassment (in Spanish) ..... 61 Form: Acknowledgment of Training Session (in Spanish) ...... 63 Form: Evaluation of Training Session (in Spanish) ................. 65 Stop Sexual Harassment

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Sexual Harassment Introduction Sexual harassment is a very serious issue in the workplace, and employees play a crucial role in preventing sexual harassment claims and lawsuits. In 2008, the Equal Employment Opportunity Commission (EEOC) received 13,867 sexual harassment charges and resolved 11,731 of these charges. The EEOC also recovered $47.4 million for aggrieved individuals, which doesn’t include amounts obtained in litigation by victims of sexual harassment.

Notes

Although sexual harassment is clearly a problem in employment, it is often difficult for employees to pin down exactly what sexual harassment entails. While some employees still seem to feel that acts of “sexual harassment” only include very severe cases, it has become clear that the term is much broader. The following material provides information about the nature of sexual harassment. Used in conjunction with the Stop Sexual Harassment DVD or TrainingToday online course, employees will learn how to recognize sexual harassment and prevent claims by avoiding improper actions and language.

Stop Sexual Harassment

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Learning Objectives Notes

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Be familiar with state and federal sexual harassment laws.

Be familiar with your company’s sexual harassment policies.

Recognize incidents of workplace sexual harassment and know what to do when they occur.

Stop Sexual Harassment


Icebreaker Here’s an exercise to loosen up the group at the beginning of the training session:

Notes

Give participants a pop quiz orally. Read each question and ask them whether the harassment is illegal under federal law. You will want to ask for volunteers to answer questions, and you may want to reward correct answers. Unlike the discussion questions, this activity should move at a fast pace. These questions are based on federal law. Q. If a sexual harassment claim is filed, are the company’s lawyers only paid if they win? A. No, they get paid — period, and attorneys’ fees can be substantially more than the amount of money a person is awarded if they win a case. Q. Is sexual orientation a protected class? A. No. Federal law does not specifically include sexual orientation as a protected class. However, individuals have won harassment cases involving sexual orientation by using federal law to support arguments that someone was harassed because they did not fit in sexual stereotypes. Q. Does sexual harassment have to involve sexual attraction? A. No. Sexual harassment claims can be made if someone is harassed because of their gender. Q. Can a person sexually harass someone of the same sex? A. Yes. The key to same-sex harassment is that the victim is harassed because of his or her gender, whether or not the harasser is motivated by sexual desire.

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Discussion Questions Notes

Here are some questions you can ask participants in order to stimulate discussion at any point during the training session, before or after watching the Stop Sexual Harassment DVD or TrainingToday online course. Q. Does a person have to say “I am being sexually harassed” for the employer to take action on a matter? A. No. If an employee tells a supervisor about something that might be sexual harassment, it is the supervisor’s job to follow company procedures to report it. Q. Is the only person who can file a sexual harassment claim the person directly involved in the incident? A. No. Other individuals in the workplace may be able to file a claim. For example, a woman may have a sexual harassment claim if she works in an office where pictures of half-naked women are posted on cubicle walls (or other areas she must enter to do her work), and there is sexually tinged conversation going on within her earshot. This may constitute sexual harassment even if she is not asked to join the conversation or post pictures in her workspace. Q. How do you deal with sexual harassment? A. (1) Take steps to prevent it through training, policies, etc. (2) Make sure sexually harassing conduct does not exist in your workplace. (3) Have an effective remedy in place if someone believes he or she has been a victim of sexual harassment. You should provide copies of your company’s sexual harassment policy with this training. Questions that you can use to discuss your company’s sexual harassment policies and procedures include the following:

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What is our company’s policy regarding sexual harassment?

What is our company’s policy regarding subordinates dating their superiors? Stop Sexual Harassment

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STOP SEXUAL HARASSMENT TRAINER’S GUIDE Interactive Training for Employees (800) 274-6774 custserv@mleesmith.com www.HRhero.com The DVD, the...